European Contract Law
(including the Leuven Negotiation Workshop 2008)
Spring Term 2008
Prof. Dr. Alain Verbeke
Course Concept
This course aims at exploring several themes of comparative contract law, focusing on European Contract Law. The course is divided in four major parts.
The first part is an introduction to the three dimensions of comparative contract law and to some initiatives in the European context on harmonization of contract law.
The second part deals with several topics of contract law: remedies in and around promise, consideration and causa, offer and acceptance, contractual gaps, good faith, duress and unconscionability . Starting from the analysis in Fried�s Contract as Promise, for each topic the approach in several European jurisdiction is discussed.
The third part deals with the sense or non sense of the European Common Frame of Reference and the issue of harmonization or unification of a European contract law.
The fourth part is devoted to Negotiation of Contracts . Here we follow the approach of the Program on Negotiation at Harvard Law School. This part of the course is based on R.H. Mnookin et al., Beyond Winning, Harvard Belknap, 2000.
For this part of the course, a limited number of 24 students may follow the Leuven Negotiation Workshop (see infra).
Teaching Method
Classes are taught in a very interactive way. Therefore class attendance is required.
For the classes of part II and part III students will be divided in groups and will have to prepare short memos for each class. See infra at writing assignments.
The class of part III will be organized as a large debate between two factions in Parliament.
For the classes of part II and IV, reading assignments are given infra. For the classes of part IV, a post class writing assignment is due. See infra.
The teaching method for the Leuven Negotiation Workshop 2008 is very hands on, using several Harvard PON case simulations, with actual negotiations by students, feedback and collective review, entirely according to the Harvard PON teaching method. Here too several post class writing assignments are due. See infra. Classes
All classes or on Wednesday, in the New Building, 01.31, always starting 9 am
PART I � COMPARATIVE CONTRACT LAW
Feb 13 9:00 � 12:00 Introduction
Information on the Leuven Negotiation Workshop 2008
Feb 20 9:00 � 11:00 Comparative Contract Law: Three Dimensions
PART II � FRIED�S CONTRACT AS PROMISE & EUROPEAN SOLUTIONS
Feb 27 9:00 � 12:00 Contract as Promise; Remedies in and around the Promise
Consideration and causa
March 5 9:00 � 11:00 Offer and acceptance
March 12 9:00 - 12:00 Contractual Gaps
March 19 9:00 � 11:00 Good Faith
April 9 9:00 � 12:00 Duress and Unconscionability
PART III � COMMON FRAME OF REFERENCE
April 23 9:00 - 12:00 Sense and Non Sense of CFR
PART IV - NEGOTIATION
April 30 9:00 � 11:00 Introduction to Negotiation
First Tension. Distribution vs. Creation of Value
May 7 9:00 � 12:00 First Tension Continued.
May 14 9:00 - 11:00 Second Tension. Empathy vs. Assertiveness
May 21 9:00 � 12:00 Second Tension Continued.
Third Tension. Principal vs. Agent
ATTENTION: Students taking the Leuven Negotiation Workshop should not attend these classes of PART IV.
LEUVEN NEGOTIATION WORKSHOP 2008
On three Saturdays from 9 am to 6 pm a limited number of maximum 24 students may take this Workshop. It is a mini-version of the famous three weeks Harvard Law School Winter Term Negotiation Workshop. This Leuven Workshop was developed in 2006 by Professor R. Mnookin (Chair of PON at Harvard Law School) and Professor A. Verbeke (Visiting Professor at Harvard Law School). Students who take the workshop may obtain a separate certificate, subject to their passing for the entire course of European Contract Law.
All information of the workshop, provisional dates, requirements, working method will be given at the Introduction class of Feb 13.
Reading Assignments
The following reading assignments are mandatory:
PART I � None
PART II � C. Fried, Contract as Promise, Harvard University Press, 1981
Class of Feb 27 p. 7-39
Class of March 5 p. 40-56
Class of March 12 p. 57-73
Class of March 19 p. 74-91
Class of April 9 p. 92-111
PART III � See Writing Assignments
PART IV � R.H. Mnookin, et al., Beyond Winning, Belknap Harvard, 2000
Class of April 30 and May 7 Introduction and Chapter 1
Class of May 14 Chapter 2
Class of May 21 Chapter 3
Writing Assignments
Pre Class
Prep Memos are due for each class of part II and III. These memos can be written in groups. Explanation and information is given at the Introductory Class of Feb 13.
Post Class
For students not taking the workshop one post class memo is due for part IV. This memo must be brought to the oral exam.
For students taking the workshop, for each day of the workshop, one short memo, called journal is due by the next class.
Exam Requirements
To pass this exam, the following requirements must be met:
Class attendance: presence in each class is required.
Pre Class Memos for Part II and III must be handed in at the end of such class.
Post Class Memos for Part IV must be handed in at the date indicated.
Oral exam about all the materials discussed in class and about the full content of the two books cited, Fried and Mnookin (thus also the parts that were not assigned as mandatory readings for classes).Grading is based on class participation, quality of all memos and quality
Master in de rechten (Major Privaatrecht) (Minor Privaatrecht)
Master of Laws (LLM)
Master of Law (Major European Law) (Minor European Law)
European Contract Law
(including the Leuven Negotiation Workshop 2008)
Spring Term 2008
Prof. Dr. Alain Verbeke
Course Concept
This course aims at exploring several themes of comparative contract law, focusing on European Contract Law. The course is divided in four major parts.
The first part is an introduction to the three dimensions of comparative contract law and to some initiatives in the European context on harmonization of contract law.
The second part deals with several topics of contract law: remedies in and around promise, consideration and causa, offer and acceptance, contractual gaps, good faith, duress and unconscionability . Starting from the analysis in Fried�s Contract as Promise, for each topic the approach in several European jurisdiction is discussed.
The third part deals with the sense or non sense of the European Common Frame of Reference and the issue of harmonization or unification of a European contract law.
The fourth part is devoted to Negotiation of Contracts . Here we follow the approach of the Program on Negotiation at Harvard Law School. This part of the course is based on R.H. Mnookin et al., Beyond Winning, Harvard Belknap, 2000.
For this part of the course, a limited number of 24 students may follow the Leuven Negotiation Workshop (see infra).
Teaching Method
Classes are taught in a very interactive way. Therefore class attendance is required.
For the classes of part II and part III students will be divided in groups and will have to prepare short memos for each class. See infra at writing assignments.
The class of part III will be organized as a large debate between two factions in Parliament.
For the classes of part II and IV, reading assignments are given infra. For the classes of part IV, a post class writing assignment is due. See infra.
The teaching method for the Leuven Negotiation Workshop 2008 is very hands on, using several Harvard PON case simulations, with actual negotiations by students, feedback and collective review, entirely according to the Harvard PON teaching method. Here too several post class writing assignments are due. See infra. Classes
All classes or on Wednesday, in the New Building, 01.31, always starting 9 am
PART I � COMPARATIVE CONTRACT LAW
Feb 13 9:00 � 12:00 Introduction
Information on the Leuven Negotiation Workshop 2008
Feb 20 9:00 � 11:00 Comparative Contract Law: Three Dimensions
PART II � FRIED�S CONTRACT AS PROMISE & EUROPEAN SOLUTIONS
Feb 27 9:00 � 12:00 Contract as Promise; Remedies in and around the Promise
Consideration and causa
March 5 9:00 � 11:00 Offer and acceptance
March 12 9:00 - 12:00 Contractual Gaps
March 19 9:00 � 11:00 Good Faith
April 9 9:00 � 12:00 Duress and Unconscionability
PART III � COMMON FRAME OF REFERENCE
April 23 9:00 - 12:00 Sense and Non Sense of CFR
PART IV - NEGOTIATION
April 30 9:00 � 11:00 Introduction to Negotiation
First Tension. Distribution vs. Creation of Value
May 7 9:00 � 12:00 First Tension Continued.
May 14 9:00 - 11:00 Second Tension. Empathy vs. Assertiveness
May 21 9:00 � 12:00 Second Tension Continued.
Third Tension. Principal vs. Agent
ATTENTION: Students taking the Leuven Negotiation Workshop should not attend these classes of PART IV.
LEUVEN NEGOTIATION WORKSHOP 2008
On three Saturdays from 9 am to 6 pm a limited number of maximum 24 students may take this Workshop. It is a mini-version of the famous three weeks Harvard Law School Winter Term Negotiation Workshop. This Leuven Workshop was developed in 2006 by Professor R. Mnookin (Chair of PON at Harvard Law School) and Professor A. Verbeke (Visiting Professor at Harvard Law School). Students who take the workshop may obtain a separate certificate, subject to their passing for the entire course of European Contract Law.
All information of the workshop, provisional dates, requirements, working method will be given at the Introduction class of Feb 13.
Reading Assignments
The following reading assignments are mandatory:
PART I � None
PART II � C. Fried, Contract as Promise, Harvard University Press, 1981
Class of Feb 27 p. 7-39
Class of March 5 p. 40-56
Class of March 12 p. 57-73
Class of March 19 p. 74-91
Class of April 9 p. 92-111
PART III � See Writing Assignments
PART IV � R.H. Mnookin, et al., Beyond Winning, Belknap Harvard, 2000
Class of April 30 and May 7 Introduction and Chapter 1
Class of May 14 Chapter 2
Class of May 21 Chapter 3
Writing Assignments
Pre Class
Prep Memos are due for each class of part II and III. These memos can be written in groups. Explanation and information is given at the Introductory Class of Feb 13.
Post Class
For students not taking the workshop one post class memo is due for part IV. This memo must be brought to the oral exam.
For students taking the workshop, for each day of the workshop, one short memo, called journal is due by the next class.
Exam Requirements
To pass this exam, the following requirements must be met:
Class attendance: presence in each class is required.
Pre Class Memos for Part II and III must be handed in at the end of such class.
Post Class Memos for Part IV must be handed in at the date indicated.
Oral exam about all the materials discussed in class and about the full content of the two books cited, Fried and Mnookin (thus also the parts that were not assigned as mandatory readings for classes).
Grading is based on class participation, quality of all memos and quality
Examination type:
oral with written preparation
written
When?: final examination during examination period
Evaluation type:
Paper
Presentation
Participation
Exam Requirements
To pass this exam, the following requirements must be met:
Class attendance: presence in each class is required.
Pre Class Memos for Part II and III must be handed in at the end of such class.
Post Class Memos for Part IV must be handed in at the date indicated.
Oral exam about all the materials discussed in class and about the full content of the two books cited, Fried and Mnookin (thus also the parts that were not assigned as mandatory readings for classes).
Grading is based on class participation, quality of all memos and quality
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